Filling the Prisons

Scott Morgan asks a fundamental question that needs to be asked when discussing our prison problem. How many people in jail for drug crimes are completely innocent, and are there solely because of how easy it is to convict an innocent person of drug crimes? He references the recent case of two men in New York City who were able to find video evidence proving that they were framed by the police. Had they not uncovered that evidence, there’s no question they would have been sent away to jail. Rarely, if ever, do juries believe the testimony of defendants over the word of the police. And in fact, many people just accept plea deals after their attorneys tell them there’s no way to win.

Morgan writes:

If it were only possible somehow to reveal the full scope of wrongful, fraudulent convictions in the war on drugs, I don’t doubt that the entire nation would be stunned and sickened. Yet, for anyone who’s paying attention, it’s not necessary to fantasize about the true extent of injustice and corruption that the drug war has unleashed on innocent people. You can read about it in the newspaper all the time.

What should give anyone pause is how frequently we encounter law enforcement officials – and especially narcotics officers – who act as if they’re above the law. It should certainly give us pause to reflect upon how this points to the high likelihood that there are large numbers of completely innocent people behind bars in this country due to the drug war.

Our narcotics forfeiture laws need reforming. When police departments can confiscate — and keep — valuable items like cars, boats, planes, and cash that’s certain to lead to corruption. If we’re going to have forfeiture laws at all, then forfeited property should go to the state or county general fund, not the police department. That’s a fundamental conflict of interest that creates an unrestrained temptation for police to falsely arrest and charge people to get their property. Some police departments are totally corrupt as a result of these well-intentioned but seriously malfunctioning laws.

Back in the late 1980s or early 1990s, when I was a judge, I was assigned a narcotics forfeiture case involving a new car. There was no question the driver was transporting cocaine for distribution, but there was a disputed issue of whether he or someone else owned the car. After hearing the evidence and conductng caselaw research, I concluded from the facts presented that the other individual had not conveyed title to the driver, and ordered the car returned to its owner, who was innocent of any involvement in drug activity. The assistant attorney general representing the State Patrol was so angry at my ruling that he complained to my superiors, as a result of which I was permanently pulled off forfeiture cases. I won’t name the attorney, all I’ll say is he isn’t with the AGO anymore. I won’t say this is typical of the kinds of abuses that forfeiture laws invite, at least not around here (Hearne, Texas, is a different story), but I’m telling this story to make the point that there are problems with the administration of narcotics forfeiture laws.

@2 I think Washington is one of the better places as far as official corruption goes, but human nature is the same everywhere, and if you dangle enough temptation in front of enough people, you’ll get some people trying to take advantage of the situation.

Especially watch out for the Port of Seattle police; they have a very checkered history in terms of sending innocent people to prison (Steve Titus), entrapping unwary people (the infamous airport “lost wallet” sting), violating suspects’ constitutional rights (beating up of a drug suspect), and other misconduct (the notorious computer pornography scandal). The port police without doubt are the most unprofessional police agency in the state of Washington, at least in my opinion.

The conservatives who just don’t trust government to get anything right, think government can never make a mistake or be corrupt on drug laws.

The conservatives who want taxes to be lower, want our taxes to be higher to keep all these people in jail for violating drug laws.

They say things in life are simple. How’s this for simple:

1. most drugs are no more dangerous than booze. 2. the entire drug war thing is based on a lie. 4. it stays in place because people make money off of it from cops to prosecutors to jailers. The payoff is a huge wasteful body of public employees who leech off the rest of us and the whole program causes more problems than it solves.

5. It’s all maintained in place because of bad people with no moral fiber who can’t see or tell the truth and they are unable to deal with the realities of life.

They coddle those benefitted (the cops, the prosecutors, the jailers) in order to get their votes and keep the whole thing going. And a side benefit: it takes votes away from lots of black people. It’s all part of their corrupt politics, they just want power.

Because they are bad, corrupt to the core and will do anything and they aren’t real true Americans at all like the rest of us.

Yes, it’s pretty simple, isn’t it.

It’s a bad government program that fosters waste and abuse and is destroying our society, and it’s kept in place by bad people who have no standards and no moral character.

@11 Um, I’m just pointing out the numerous cases where police have broken the law. If you feel so strongly about having a citizenry that can’t hold authority figures accountable, why aren’t you in Tehran right now fighting the protesters?

Lee always does. He’s one of these ignorant stoners that can do no wrong, ever. One of these types that hates any kind of cop until he needs one; then he wants them there right here and now, as if they were beamed down from the Starship Enterprise. I sincerely hope he grows up and decides to be a good role model and Dad for his kid someday, otherwise shame on him. Two articles below Lee, cram that in your pipe and smoke it asshole. I guess your pals in Bellingham are out of an income now.

the best way to punish people is to torture them and kill them. Crucifixion works for this and there was an empire, long before mine, that did this over in to west or my empire. Howver, funny thing! Everyone thinks that empire was very civilized while they criticize me for just piling up skulls!

Go figure.

So, SJ, what torture and disfigurements can you imagine ? I bet they’re pretty good. Want to share?

You have no idea and neither did I until I spent 2 years held for “contempt of court” in NYC and Brooklyn. I decided early on to work for as many of these minority kids as I could as a jail house lawyer. It is heart breaking. There is no justice in the War on Drugs. It is strictly a conviction game for the AUSA’s looking to advance their career with the Justice Department. Take a look at http://www.leap.ca and get the facts from former cops, judges and prosecutors. Watch for my talking book. “The War on Drugs and the unintended collateral damage” If you want a sample write me at donaldsheldon@gmail.com subject “sample”

One comment here declares “Conservatives want more drug laws” An absolute lie. The only national politician that I know of with the courage to demand re-legalization of all drugs is Dr. Ron Paul and there is no more conservative office holder than he. It has been and continues to be his position. This is not a Democrat Republican issue. It is a reinstatement of slavery issue and both parties are just to cowardly to address it.

Clinton gave us 100,000 additional police officers. You think that they are making a few drug arrest?

If Obama has the courage to follow his declared hero FDR and order an end to prohibition and send the Drug War POWs home with their civil rights restored his legacy will be assured.

Progressives (Liberals) and Conservatives UNITE! End Prohibition NOW. send the POW’s home. Do not be fooled by the “violent v non-violent” talk either. The laws have been changed to make possession of small amounts of drugs a “violent crime” If the crime is drug related in any way set the person free with all rights restored.

Juries rarely get the opportunity to hear drug cases. It is considered almost malpractice for a defense lawyer to allow a client to go to trial in a criminal case and certainly in a drug case. Ninety five percent of drug cases are plea bargains and there is good reason for this. If you go to trial on a multi charge indictment (which most are} and you get found guilty of even one minor count by a jury the judge can still sentence you as though you are found guilty on all counts, even when the jury finds you not guilty. This, along with the fact that the prosecutor will threaten you with an “enhanced” indictment (more charges) if you insist on going to trial. Juries are NOT all that trusting of the government at this time. The government looses most of the time in a jury trials. Threats and intimidation are routinely used to force guilty pleas from people, guilty or not it does not matter, only winning matters to the government. donaldsheldon@gmail.com

It seems that the spiraling growth in our rate of incarceration has paralleled the “privatization” of the penal system, whereby governments outsource the operation of jails and prisons to Blackwater-esque private contractors.

This rather begs the thought that prisons, like wars, are promoted not only for their stated purpose, but because they’re “good for business”.

A actually, woulddo it on the forehead. I would do the same for anyone convicted of person to person fraud. Punishment for removing or covering such a mark would be ldengthy imprisonment because the Marked wopuld have proven their irresponsibility.

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